Using
Legal Tender Laws Against the State?
by
Joseph
T. Salerno
Recently
by Joseph T. Salerno: Addicted
to Asset Bubbles
The relentless
war
against cash payments waged by governments worldwide has perhaps
gone furthest in Scandinavia. The ostensible reason given by our
rulers for suppressing cash is to keep society safe from terrorists,
tax evaders, money launderers, drug cartels and sundry other villains,
real or imagined. But the actual aim of the recent flood of laws
rendering cash transactions less convenient or limiting or even
prohibiting them is to force the public at large to make payments
through the financial system in order to prop up the unstable
fractional-reserve banks and, more importantly, to expand the
ability of governments to spy on and keep track of their citizens
most private financial dealings. One ingenious friend from Norway
has fought to protect his right to use cash by invoking his governments
own legal tender laws against it. Here is his story in his own
words:
About
a month ago I had a doctors appointment at the citys
health services emergency ward (government institution).
When leaving,
I asked to pay cash. I was told that the cashiers desk
was closed, that I would be invoiced, and that they generally
did not accept cash. I reminded the nurse(?) on duty about legal
tender.
When I
got the invoice, I called accounting at the ward. I told the
accountant that I wished to pay cash. I was told that was not
possible. I asked if she knew about legal tender, referring
to the specific legislation. She went completely defensive,
as I clearly perceived it. She even claimed that legal issues
with the no-cash arrangement had been dealt with. I said I would
file a written complaint.
So I did.
I called in a few days later to check if the complaint had been
received, which she could confirm. Now the accountant was apparently
more interested in discussing the issue.
Yesterday,
I got the written response. I was given the opportunity to pay
cash in this one case if I brought the exact amount. Moreover,
no changes in the general arrangements would be made. Today,
I made the payment in cash.
Why did
they do this? I would suspect that they figured they had a weak
legal case, that they were dealing with someone who apparently
wasnt going to give up, and that allowing it in this case
would avoid having to deal with someone with a formal legal
interest in challenging their anti-cash system, the alternatives
being changing their system voluntarily and fighting an administrative
complaint case or even worse, a court case.
Of course,
things would be much better if we werent forced to use
this fiat money. However, it is reasonable to expect government
institutions to comply with the governments own legal
tender regulations.
Swedens
War on Cash Runs Into a Wall and a Heroic Bank
The war
on cash in Sweden may be stalling. The anti-cash movement
has been vigorously promoted by major Swedish commercial banks
as well as the Riksbank, the Swedish central bank. In fact, for
three of the four major Swedish banks combined, 530 of their 780
office no longer accept or pay out cash. In the case of the Nordea
Bank, 200 of its 300 branches are now cashless, and three-quarters
of Swedbanks branches no longer handle cash. As Peter Borsos,
a spokesman for Swedbank, freely admits, his bank is working actively
to reduce the [amount] of cash in society. The reasons for
this push toward a cashless society, of course, have nothing to
do with pumping up earnings from bank card fees or, more important,
freeing fractional-reserve banks from the constraints of bank
runs. No, according to Borsos, the reasons are the environment,
cost, and security: We ourselves emit 700 tons of carbon
dioxide by cash transport. It costs society 11 billion per year.
And cash helps robberies everywhere. Hans Jacobson, head
of Nordea Bank, argues similarly: Our mission is to make
people understand the point of cards, cards are more secure than
cash.
Fortunately,
it seems that the Swedish people are not falling for the anti-cash
propaganda spewed by private bankers and Riksbank officials and
are resisting the trend toward a cashless economy. It is reported
that last year the value of cash transactions in Sweden were 99
billion krona which represented only a marginal decrease from
ten years ago. And small shops continue to do one-third to one-half
of their business in cash. Furthermore a study of bank customers
satisfaction released by the Swedish Quality Index in October
2012, indicated that the satisfaction index was pulled down among
customers of Swedbank, Nordea and SEB by their policy of eliminating
cash transactions at their bank branches. Even more heartening
is the fact that Handelsbanken, the largest bank in Sweden, is
committed to serving consumers who demand cash. As Kai Jokitulppo,
head of private services at Handelsbanken, puts it:
As
long as we know that our customers are asking for cash, it is
important that we as a bank [are] providing it. . . . We see places
where other banks are taking other decisions, we get customers
from them and positive response.
Fewer then
10 of Handelsbankens 461 branches currently do not handle
cash and the banks goal is to have cash in every branch
by the first quarter of 2013.
France
Ratchets Up the War on Cash
Frances
state auditing bureau, Cour des Comptes, informed the French
government that it was dreaming in forecasting that
the French economy would grow this year by 0.8 percent, which
would enable it to meet its budget deficit target of 3 percent
of GDP. The bureau told French Prime Minister Jean-Marc Ayrault
that a growth rate of 0.3 percent was more like it, which would
not be sufficient to meet the deficit reduction target. This was
the case despiteor more likely because ofthe fact
that a broad based tax increase had just been imposed that would
extract another €32 billion euros from overburdened French
businesses and households this year. So would a desperate Ayrault
finally open his eyes to economic reality and slash the budget
of the bureaucratic and bloated French State, a budget that is
liberally larded with fascistic corporate welfare subsidies and
bailouts? No way, no how. Instead Ayrault convened a meeting of
the National Anti-Fraud Committee to crack down on tax cheats
and presided over it himselfA first for a head of
government, he crowed.
Tax fraud
in France has been estimated to be in the range of €60 to
€80 billion annually. Buried in Ayraults proposal to
crack down on tax cheats and further squeeze more revenue from
its fiscal residentsthose citizens and foreigners
who have not been driven into part-time exile to escape French
taxesis a draconian provision that would lower the maximum
cash payment per transaction from €3,000 to €1,000.
Under the new limit a French citizen would not even be able to
buy a used car for cash. The provision would not apply, however,
to citizens and foreigners wealthy and savvy enough to have placed
their income beyond the clutches of the rapacious French State
by becoming fiscal residents of other countries. They would be
subject to a limit of €10,000 per purchase in cash, down
from the current limit of €15,000 per purchase. This may
come to be called the Depardieu exception because French actor
Gerard Depardieu recently caused a public stir by obtaining a
Russian passport in order to take advantage of Russias flat-rate
income tax of 13 percent.
One commentator
perceptively summed
up the inextricable link between the war on cash and the war on
personal liberties:
With this law, the French government will be able to tighten the
vise on its people one more turn, restricting their freedom of
choice (how to pay), wiping out any privacy in those transactions,
and imposing another layer of government control. Once people
have gotten used to the €1,000 limit based on the
great principle of incrementalism with which restrictions of freedom
come to pass in democracies the vise will be tightened
further, until the government can document every purchase made
by fiscal residents.
Joseph
Salerno [send him mail]
is academic vice president of the Mises
Institute, chairman of the graduate program in economics at
Pace University, and editor of the Quarterly
Journal of Austrian Economics.
Copyright
© 2013 by the Ludwig von Mises Institute.
Permission to reprint in whole or in part is hereby granted, provided
full credit is given.
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